Chicago, Rock Island & Pacific Railway Co. v. Payne
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; Jeptha H. Evans, Judge; STATEMENT by the court. Appellant, in order to drain its right-of-way, dug a ditch across a foot-path on its right-of-way that had been used by the public with appellant’s permission for ten years. Appellant put piles of dirt in the roadway five or six feet wide and two or three feet high.
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Appeal from Logan Circuit Court, Southern District; Jeptha H. Evans, Judge; STATEMENT by the court. Appellant, in order to drain its right-of-way, dug a ditch across a foot-path on its right-of-way that had been used by the public with appellant’s permission for ten years. Appellant put piles of dirt in the roadway five or six feet wide and two or three feet high. The appellee on the night of the injury had walked to church on the pathway, and had crossed over the piles of dirt, and noticed same. On her return she was afraid of getting hurt at the place where the dirt was piled, so she went…
1Opinion of the Court
Wood, J.,
(after stating the facts). The undisputed evidence shows that appellee was a mere or bare licensee. She was using the foot-path upon appellant’s right-of-way for her own convenience, and not for any purpose connected with the business of appellant or for the common interest or mutual benefit of appellant and appellee. Appellant did no affirmative act to compel or induce appellee to use the foot-path upon its right-of-way. It merely acquiesced in such use by appellee and the public. Under such circumstances it can not be said that there was any implied invitation upon the part of…
2Cases cited12 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Wright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. DooleySupreme Court of Arkansas · 1906
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Little Rock & Ft. Smith Railway Co. v. PankhurstSupreme Court of Arkansas · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Faye Hendrix Vickers, Individually and as Administratrix of the Estate of Arthur Ray Hendrix, Deceased v. Gifford-Hill & Company, Inc.Court of Appeals for the Eighth Circuit · 1976
- Missouri Pac. R.R. Co., Thompson, Trustee v. NewtonSupreme Court of Arkansas · 1943
- Hensley v. Henkels & McCoy, Inc.Court of Appeals of Maryland · 1970
- Arkansas Short Line v. BellarsSupreme Court of Arkansas · 1928
- Chicago, Rock Island & Pacific Railway Co. v. HarrisonSupreme Court of Arkansas · 1942
12 more not listed; retrieve them via the Exa API.